G.S.SINGHVI, SAROJNEI SAKSENA
Surender Kumar – Appellant
Versus
Laxmi Devi – Respondent
Sarojnei Saksena, J.
1. Disgruntled husband has preferred this Letters Patent Appeal against the judgment of the learned Single Judge, whereby wifes appeal filed against the divorce decree granted under Section 13(1)(iv) of the Hindu Marriage Act, 1955 (in short Act) was allowed.
2. Uncontroverted facts are that the marriage between the parties was solemnised on 8.3.1976. They lived together upto 15.1.1983. There is no child in this wedlock.
3. Husband filed divorce petition under Section 13 of the Act on 30.5.1986 on the ground of desertion. He pleaded that the wife is of quarrelsome nature; she indulges in quarrels on trifle matters with him as well as with his parents, fails to discharge her matrimonial as well as domestic duties. Even on festivals her behaviour is quarrelsome. Even complaints made to her parents with regard to her behaviour proved abortive. Wife threatened him that in case of any pressure, she would commit suicide. On 14.1.1983 her brother came to take her back, on that night also, she quarreled with the members of his family. On 15.1.1983 she left the matrimonial roof. Since then she has declined to come back to the matrimonial home despite his efforts
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